Status Report: Chesapeake Bay TMDL Clean Up Plan Presented to P otomac Roundtable by Jack E. Frye

1. Status Report: Chesapeake Bay TMDL Clean Up Plan Presentedto Potomac Roundtable by Jack E. Frye April 9, 2010

2. Where we are in the Water Quality Process • Establish Water Quality Standards to protect uses • Monitor waters and assess data • Place Impaired Waters on 303(d) List due to violations of Standards [Bay listed for N, P, Dissolved Oxygen in 1998] • Develop TMDL [Total Maximum Daily Load] = Total Pollutant limit assigned to point and nonpoint sources • Develop TMDL Implementation Plan that shows how each source sector will meet its load caps • Implement TMDL Plan(s) • Remove Waters from 303(d) List when monitoring shows Water Quality Standards achieved

3. High nutrient and sediment loads in the Chesapeake Bay are resulting in low oxygen, cloudy water, algae blooms, and impacts to commercial and recreational fishing, tourism, and property values 3

4. Agreements by State Governors and EPA • 2000 Chesapeake Bay Agreement • Set nutrient caps to clean Bay • Delist Bay by 2010 to avoid TMDL • Progress made, but not enough • VA reductions: about 2/3 toward nutrient caps • Interstate waters, so EPA does TMDL • VA Consent Decree sets the Bay TMDL deadline - must be done by May 2011 although current agreement is to complete by end of 2010

5. Pre-TMDL VA Progress • We have already achieved some reductions in wastewater and agriculture sectors • Wastewater progress based on watershed general permit for major dischargers, and WQIF funding [~$1.5 billion in state & local funds] • Agriculture progress based on $12 million per year to Bay SWCDs FY08-10, targeting cost-effective BMPs, coordination with federal programs, revised Nutrient Mgt. regulations, MOA to reduce P content of poultry litter and voluntary poultry waste transfer program

6. Virginia Nitrogen Loads[million lbs/yr] Working Target Load – 59.22 MPY for Bay TMDLs EXPECTED TO CHANGE!! TS – VA Tributary Strategy issued in 2005 E3 – Theoretical maximum reductions

7. Virginia Phosphorus Loads[million lbs/yr] Working Target Load – 7.05 MPY for Bay TMDLs EXPECTED TO CHANGE!! TS – VA Tributary Strategy issued in 2005 E3 – Theoretical maximum reductions

8. Chesapeake Bay TMDL • EPA sets pollution diet to meet states’ Bay clean water standards • Caps on nitrogen, phosphorus and sediment loads for all 6 Bay watershed states and DC • States allocate loads to point and non-point sources so not exceed TMDL cap [i.e., diet] 8

9. State Target Loads [as of Oct. 2009] Nitrogen Phosphorus All loads are in millions of pounds per year NOTE: Expect target loads to change in April, with possible lower [more stringent] VA target loads

10. Watershed Implementation Plans • EPA expects States to develop Plans that provide roadmap of how TMDL will be achieved and maintained • Challenge is for States to equitably allocate loads to source sectors, such as: • Wastewater: municipal and industrial • Agriculture: CAFOs and unregulated Ag • Storm Water: construction permits, MS4s, non-MS4 developed land • On-site septic systems: retrofits, new systems, connection • Forestry • Some sectors are regulated, some are not • All sectors very concerned over impact TMDL allocations will have on their future activities

11. Schedule for Bay TMDL Process Major basin jurisdiction loading targets Program Capacity/Gap Evaluation Final TMDL Established by EPA December 2010 Oct 2009 Bay TMDL Public Meetings Phase 2 Watershed Implementation Plans: Jan – Nov 2011 Divide Target Loads among Watersheds, Counties, Sources November-December 2009 Phase 1 Watershed Implementation Plans: Prelim by June 1; Draft by August 1, 2010 2-year milestones, reporting, modeling, monitoring Starting 2011 Public Review And Comment August-October 2010

12. Employs Federal Actions or Consequences if Progress unacceptable Monitor Progress States Set 2-Year Milestones EPA’s Approach to Ensuring Results States Develop Watershed Implementation Plans EPA Establishes Bay TMDL: 12

13. Virginia TMDL Stakeholder Advisory Group (SAG) Membership • Formed under previous administration • 36 members representing agriculture, wastewater, developed and developing lands, forest, local and federal government, NGOs, seafood industry and consultants Charge • Provide for a transparent process, a forum for open discussion, advice on pollutant load reductions by sector and on the ability of current, expanded, and new programs to achieve needed pollution reductions SAG has met twice, primarily for information exchange

14. Schedule for Developing Phase I Watershed Implementation Plans Nov. 4, 2009 – EPA guidance issued Dec. 17, 2009 – 1st meeting of SAG Feb. 26, 2010 – 2nd meeting of SAG; discuss prelim. source sector working targets April 30, 2010 – CBP agreement on draft nutrient and sediment target loads – PSC Meeting April/May 2010 – (4/15) meetings of SAG; finalize draft source sector working targets & discuss prelim WIP June 1, 2010 - Submit preliminary Phase I WIP to EPA July 2010 – 5th meeting of SAG; discuss draft WIP August 1, 2010 – Submit draft Phase 1 WIP to EPA Nov. 1, 2010 – Submit FINAL Phase I WIP to EPA

15. Bay Principals’ Staff Committee • Members from Bay states [cabinet secretaries and agency directors], CBC Chair, EPA Regional Administrator and other federal representatives • Next Meeting April 29-30 in Lancaster, PA • Meeting Topics: • Revised N and P target loads and draft sediment and air deposition target loads for discussion and adoption • Update on Executive Order strategy for release in May • Plan for May meeting of Executive Council

16. So what about those Virginia Stormwater Management Program Regulations? A brief overview

17. Stormwater what’s so important about that? It’s a nuisance

18. Stormwater Management Pre-2004 • Administered by three state agencies and four citizen boards • DCR, DEQ, and Chesapeake Bay Local Assistance Department (formerly) • Soil and Water Conservation Board • Board of Conservation and Recreation • Chesapeake Bay Local Assistance Board • State Water Control Board • House Bill 1177 (2004) created the VA Stormwater Management Program (VSMP), which consolidated stormwater management in DCR and the Virginia Soil and Water Conservation Board, with the concept of ultimately authorizing localities to administer construction stormwater management programs. • Chesapeake Bay Preservation Act and MS4 localities required to adopt; others may opt-in or DCR will operate.

19. Stormwater Timeline Final regulations, signed by Governor HB 1177 (VSMP) First TAC Revised regulations and second public comment period DCR starts regulatory action Second TAC Published regulations and first public comment period 2006 2007 2008 2009 2010 2004 2005

20. Stormwater Timeline Final regulations, signed by Governor Public comment period Revised regulations and second public comment period Suspension of Final regulations Published regulations and first public comment period Dec? Sep? Regs effective 2010 2011 2009 TMDL HB 1220 Start finalizing regulations?

21. What do amendments to the regulations need to address? • Water quality improvements: Addressing stormwater management is a key component (along with impacts from agriculture, point sources, and air deposition- informed by Bay TMDL) to improving water quality in Virginia’s rivers, streams, lakes, and Chesapeake Bay. • Water quantity: Today’s standards still result in significant flooding and channel erosion. • Operation of a local stormwater management program: Operated by a locality (“qualifying local program”) or DCR. • Fee levels: That will provide sufficient funding for local stormwater management programs and DCR oversight.

22. What we do now Total phosphorus (TP) as keystone Most sites meet average land cover condition (0.45 lbs/acre/year) Redevelopment requires 10% phosphorus reduction What was proposed TP basis for compliance 0.45 lbs/acre/year for Bay watershed but subject to change based on Chesapeake Bay TMDL 0.45 lbs/acre/year for non-Bay areas and sites <1 acre in Bay watershed Redevelopment 10% P reduction on sites <1 acre, 20% P reduction on sites > 1 acre UDA qualified local programs must establish standards between 0.28 and 0.45 Water Quality Standard

23. Items that were included • Stormwater BMP Choices • Treating Impervious Cover & Managed Turf Areas • Offsite compliance • Inspections/Maintenance • Grandfathering • Spreadsheet Compliance Tool • Establishment of Locality-Administered Stormwater Management Programs (Section III) • Revision to the Stormwater Fees (Part XIII)

24. How do we address the current stormwater regulations? Blue Book method unless locality is more restrictive How should we address the stormwater regulations in the future? Do not: design a site and try to (retro-)fit/shoehorn stormwater management in after-the-fact Use site design, conventional BMPs (revised Blue Book), BMP Clearinghouse, and Run-off Reduction Techniques Use of “treatment train” BMP performance = Runoff reduction + Pollutant removal New Stormwater BMP Paradigm

25. What is proposed Runoff Reduction Use of all the new and standard tools (including spreadsheet tool). Localities have other options if they can demonstrate to the Board that these tools are equivalent. Be innovative! New Stormwater BMP Paradigm

26. Rainwater Re-Use Green Roof Pervious Parking Bioretention

27. Road to Final Regulations • HB 1220 requires that new regulations become effective 280 days after publication of Final TMDL or no later then Dec. 1 2011 • TMDL will require addressing Nitrogen and Sediment in addition to Phosphorus • DCR may be required to adjust the Regulations and Run-off Reduction Spreadsheet to address TMDL requirements (new TAC?) including Nitrogen and Sediment reduction requirements.

28. For More Info: Visit the DCR website: See the Stormwater Parts 1,2,3, and 13 tab at: http://www.dcr.virginia.gov/lawregs.shtml or contact Jan-W. Briedé, Ph.D. Stormwater Outreach Manager Department of Conservation and recreation 208 Governor Street, Suite 206 Richmond, VA 23219 804.371.7486 Jan.briede@dcr.virginia.gov